18085-18093.5

HEALTH AND SAFETY CODE
SECTION 18085-18093.5




18085.  (a) Application for the original registration of a
manufactured home, mobilehome, commercial coach, truck camper, or
floating home required to be registered under this part shall be made
to the department upon the appropriate forms approved by the
department, and shall be accompanied by the filing fee prescribed by
the department. If the application is for the original registration
of a manufactured home, mobilehome, or commercial coach, or of a
truck camper manufactured on or after January 1, 1986, the
application shall include the original manufacturer's certificate of
origin in the form prescribed by Sections 18093 and 18093.5. If the
original certificate of origin is not in existence, a duplicate
thereof shall be obtained from the manufacturer and submitted with
the application for original registration. Any duplicate copy shall
be conspicuously marked by the manufacturer as a duplicate copy.
   (b) The application shall include, but not be limited to, all of
the following:
   (1) The true name and mailing address of the registered owner, the
legal owner, if any, and junior lienholders, if any.
   (2) The name of the county in which the registered owner resides.
   (3) The situs address of the manufactured home, mobilehome, or
commercial coach, or the residence address of a truck camper owner,
or floating home owner to include the county of residence.
   (4) A description of the manufactured home, mobilehome, commercial
coach, truck camper, or floating home, including all of the
following:
   (A) The manufacturer's name and identification number.
   (B) The date of manufacture.
   (C) The serial number or numbers.
   (D) The federal label number or numbers affixed pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. Sec. 5401 et seq.) or department insignia number
or numbers affixed pursuant to Section 18026.
   (E) The date first sold or leased to a purchaser or lessee for
purposes other than resale.
   (F) Any other information as may be reasonably required by the
department to enable it to determine whether the manufactured home,
mobilehome, commercial coach, truck camper, or floating home is
lawfully entitled to registration.
   (c) If the application is for a floating home or a truck camper
for which no certificate of origin has been issued pursuant to
Section 18093.5, other evidence of ownership may be accepted at the
sole discretion of the department in lieu of the manufacturer's
certificate of origin.



18085.5.  The department shall not accept an application for the
original registration of a manufactured home, mobilehome, commercial
coach, truck camper, or floating home unless the manufactured home,
mobilehome, commercial coach, truck camper, or floating home at the
time of application is within the state or unless the provisions of
this part have been complied with.



18086.  The department may accept an application for registration of
a manufactured home, mobilehome, commercial coach, or truck camper
which is not within the state, but which is to be registered to a
resident of this state, at the time all documents and fees, as
determined by the department in accordance with the provisions of
this chapter, are submitted to the department. Any fees submitted
pursuant to this section shall not be subject to refund based upon
the fact that the manufactured home, mobilehome, commercial coach, or
truck camper is not and has not been within this state.



18086.5.  (a) In the absence of the regularly required supporting
evidence of ownership and upon application for registration or
transfer of a manufactured home, mobilehome, commercial coach, truck
camper, or floating home, the department may accept an undertaking or
bond which shall be conditioned to protect the department and all
officers and employees thereof and any subsequent purchaser of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home, any person acquiring a lien or security interest
thereon, or the successor in interest of that purchaser or that
person against any loss or damage on account of any defect in or
undisclosed claim upon the right, title, and interest of the
applicant or other person in and to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home.
   (b) Any interested person shall have a right of action to recover
on any bond or undertaking for any breach of the conditions for which
the bond was deposited, but the aggregate liability of the surety to
all persons shall in no event exceed the amount of the bond. In the
event the manufactured home, mobilehome, commercial coach, truck
camper, or floating home is no longer subject to registration in this
state and the currently valid certificate of title is surrendered to
the department, the bond or undertaking shall be returned and
surrendered at the end of three years or, prior thereto, at the
discretion of the department.



18087.  Upon application for registration of a manufactured home,
mobilehome, commercial coach, or truck camper previously registered
outside this state, the application shall be certified by the
applicant and shall state that the manufactured home, mobilehome,
commercial coach, or truck camper previously has been registered
outside this state, the time and place of the last registration of
the manufactured home, mobilehome, commercial coach, or truck camper
outside this state, the name and address of the governmental officer,
agency, or authority making the registration, and any further
information relative to its previous registration as may reasonably
be required by the department, including the time and place of
original registration, if known, and if different from the last
foreign registration.



18087.5.  (a) The applicant for registration under this part of a
manufactured home, mobilehome, commercial coach, or truck camper
previously registered outside this state shall surrender to the
department all unexpired license plates, seals, certificates, or
other evidence of foreign registration which are in the applicant's
possession or under the applicant's control. The department may
require a certification from the jurisdiction of last registry when
the applicant fails to surrender the last issued unexpired license
plates.
   (b) Upon application made at the time of their surrender to the
department and upon payment of a fee of three dollars ($3), the
department shall return the unexpired license plates to the official
in charge of the registration of manufactured homes, mobilehomes,
commercial coaches, or truck campers in the state of issue of the
license plates.



18088.  (a) Upon application for registration of a manufactured
home, mobilehome, commercial coach, or truck camper previously
registered outside this state, the department shall grant full faith
and credit to the currently valid certificate of title describing the
manufactured home, mobilehome, commercial coach, or truck camper,
the ownership thereof, and any liens thereon, issued by the state in
which the vehicle was last registered, except there shall be a
notation upon the certificate of title of any and all liens and
encumbrances other than those dependent upon possession.
   (b) In the absence of knowledge by the department that any
certificate of title issued by another state is forged, fraudulent,
or void, the acceptance thereof by the department shall be a
sufficient determination of the genuineness and regularity of the
certificate and of the truth of the recitals therein, and no
liability shall be incurred by any officer or employee of the
department by reason of so accepting a certificate of title.



18088.5.  If a certificate of title issued by another state shows
any lien or encumbrance upon the manufactured home, mobilehome,
commercial coach, or truck camper therein described, the department,
upon registering the manufactured home, mobilehome, commercial coach,
or truck camper in this state and upon issuing a certificate of
title, shall include therein the name of the legal owner and
lienholders, if any, unless documents submitted with the foreign
certificates of title establish that the lien or encumbrance has been
fully satisfied.


18089.  In the event application is made in this state for
registration of a manufactured home, mobilehome, commercial coach,
truck camper, or floating home and the department is not satisfied as
to the ownership of the manufactured home, mobilehome, commercial
coach, truck camper, or floating home or the existence of foreign
liens thereon, then the department may register the manufactured
home, mobilehome, commercial coach, truck camper, or floating home
and issue a registration card with distinctive markings, but shall
withhold issuance of a California certificate of title, unless the
applicant presents documents sufficient to reasonably satisfy the
department of the applicant's ownership of the manufactured home,
mobilehome, commercial coach, truck camper, or floating home and the
absence of any liens thereon or posts a bond pursuant to subdivision
(a) of Section 18086.5.



18089.5.  In the event the department refuses to grant an
application for registration in this state of a manufactured home,
mobilehome, commercial coach, truck camper, or floating home
previously registered in another state, the department shall
immediately return to the applicant all documents submitted by the
applicant with the application.



18090.  The department shall forthwith mail a notice of the filing
of any application for registration of a manufactured home,
mobilehome, commercial coach, or truck camper previously registered
outside this state upon written request of the governmental officer,
agency, or authority which made the last registration of the
manufactured home, mobilehome, commercial coach, or truck camper
outside this state. The notice shall contain the same data as
required on the application filed with the department. This section
shall not apply to manufactured homes, mobilehomes, commercial
coaches, or truck campers last registered in a foreign province or
country.



18090.5.  (a) Except as otherwise provided in Section 18089, the
department, upon the original registration of a manufactured home,
mobilehome, commercial coach, truck camper, or floating home, shall
establish a permanent title record for the manufactured home,
mobilehome, commercial coach, truck camper, or floating home and
shall issue a certificate of title to the legal owner and a
registration card to the registered owner.
   (b) The department shall designate on the permanent title record
as the legal owner the holder, if any, of the perfected security
interest in the manufactured home, mobilehome, commercial coach,
truck camper, or floating home. If there is more than one perfected
security interest, the holder of the security interest designated in
the application for the original registration as the legal owner
shall be the legal owner.
   (c) The department shall designate on the permanent title record
as junior lienholders those holders, if any, of perfected security
interests in the manufactured home, mobilehome, commercial coach,
truck camper, or floating home other than the legal owner. If there
is more than one junior lienholder, they shall be listed on the
permanent title record in the same order as is designated in the
application for the original registration. A copy of the registration
card shall be sent to each junior lienholder and the creditor
identified on the manufacturer's certificate of origin.
   (d) If an application for registration specifies more than one
secured creditor and the department is unable to determine from the
application which creditor is to be the legal owner, or the seniority
order in which junior lienholders are to be designated, the
department shall so notify the applicant for registration and all
secured creditors and shall withhold registration or transfer of
registration until the department receives the designation.
   (e) The certificate of title and the registration card issued
pursuant to this section shall show the name and address of all
registered owners, the legal owner, if any, and all junior
lienholders, if any, with the junior lienholders listed in the same
order as designated on the permanent title record.



18090.6.  The department may, in lieu of delivery by first-class
mail, electronically transmit or receive, or both, a certificate of
title pursuant to this part when the department determines that the
electronic transmittal or receipt of a certificate of title is
economically and technologically feasible and the appropriate state
control agencies approve this determination. In making the
determination that it is technologically feasible to electronically
transmit and receive a certificate of title, the department shall
ensure that the system for electronic transmittal and receipt is
reasonably safe and secure against fraud and intrusion by
unauthorized persons.



18090.7.  (a) In order to continue improving the quality of products
and services to its customers in the registration and titling of
personal property within its authority, the department, pursuant to
Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of
Division 5 of Title 2 of the Government Code, may establish
electronic programs to facilitate improved business practices between
the department and qualified private industry partners. The programs
may include, but are not limited to, programs for the electronic
processing of ownership and title documents for manufactured homes,
mobilehomes, commercial coaches, truck campers, and floating homes,
and the payment of related fees.
   (b) The director may establish, by regulation, the maximum amount
of a fee that a qualified private industry partner may charge its
customers to provide the services authorized under subdivision (a).
   (c) The department may establish, by regulation, a transaction fee
that it may charge a qualified private industry partner to pay the
costs for the information and services that the department provides
to the partner in support of the processing and payment programs
authorized under subdivision (a). The transaction fee may not exceed
the amount necessary to cover the costs incurred by the department in
carrying out this section and Section 18090.6. The transaction fee
may be passed to the customer by the private industry partner, but in
no event shall the total charge to a customer exceed the amount
established by the director under subdivision (b).
   (d) As used in this section, "qualified private industry partner"
includes the following entities engaged in the business, or an
associated business, of the purchase, sale, or transfer of
manufactured homes, mobilehomes, commercial coaches, truck campers,
or floating homes: financial institutions, electronic data processing
vendors, information technology contractors, and escrow and title
companies.


18091.  The certificate of title issued by the department shall
contain, but not be limited to, all of the following:
   (a) Information substantially similar to that required on the
registration application as provided in Section 18085.
   (b) Provision for transfer of the title or interest of a
registered owner, legal owner, or junior lienholder, as applicable.
   (c) Provision for application for transfer of registration by the
transferee.
   (d) A statement to the effect that the certificate of title may
not reflect all liens filed with the department against the title and
that current title status may be confirmed through the department.




18091.5.  The registration card for a manufactured home, mobilehome,
commercial coach, truck camper, or floating home shall contain all
of the following:
   (a) The date issued.
   (b) The information required by Section 18085 in the application
for registration.
   (c) The registration number assigned to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home.
   (d) The date of expiration, where applicable.
   (e) Any other information as the department prescribes by
regulation.
   The department may modify the form, arrangement, and information
appearing on the registration card and may provide for
standardization and abbreviations whenever the efficiency of the
department will be promoted thereby, except that general delivery or
post office boxes shall not be permitted as the address of the
registered owner unless there is no other address.




18092.  (a) Every manufactured home, mobilehome, commercial coach,
truck camper, or floating home subject to registration shall be
issued a registration decal. The design of the decal shall be
determined by the director and the decal shall be issued by the
department. The decal shall be at least 2 1/2 inches high and 2 1/2
inches wide.
   (b) The decals shall be applied to the outside of the mobilehome
or commercial coach in a location within 15 inches of the lower front
right-hand side which is clearly visible and these decals shall be
maintained in a condition so as to be clearly legible. The decals
shall be applied to the lower rear left-hand side of the truck
camper.
   For a floating home, the decal shall be applied in an area six
inches from the main entry door on the side opposite the hinged side
of the door at a point not less than two feet from either the top or
bottom of the door and on the outside surface.
   (c) The director, after consultation with county assessors, shall
prescribe a registration decal for manufactured homes and mobilehomes
subject to registration which clearly indicates, by color or
otherwise, whether or not the manufactured home or mobilehome is
subject to annual registration with the department or is subject to
local property taxation.



18092.5.  The department may refuse registration or the renewal or
transfer of registration of a manufactured home, mobilehome,
commercial coach, truck camper, or floating home in the following
instances:
   (a) If the department is not satisfied that the applicant is
entitled thereto under this part.
   (b) If the applicant has failed to furnish the department with
information required in the application or reasonable additional
information required by the department.


18092.7.  (a) The department shall withhold the registration or
transfer of registration of any manufactured home, mobilehome, or
floating home which is subject to local property taxation, other than
a new manufactured home, mobilehome, or floating home for which
application is being made for an original registration, until the
applicant presents a tax clearance certificate or a conditional tax
clearance certificate issued pursuant to Section 2189.8 or 5832 of
the Revenue and Taxation Code by the tax collector of the county
where the manufactured home, mobilehome, or floating home is located.
Any conditional tax clearance certificate presented shall indicate
that the tax liability has been satisfied pursuant to paragraph (3)
of subdivision (m) of Section 18035.
   (b) In lieu of the tax clearance certificate or conditional tax
clearance certificate required by subdivision (a), the department may
accept a certification signed by the escrow officer under penalty of
perjury that the tax collector of the county where the manufactured
home is located has failed to respond to the written demand for a
conditional tax clearance certificate as prescribed by subdivision (
l) of Section 18035.



18093.  (a) At the time of release of a new manufactured home,
mobilehome, or commercial coach to any person, the manufacturer shall
prepare a certificate of origin, in quadruplicate, on numbered forms
prepared by the department which shall contain all of the following:
   (1) The name and address of the manufacturer or fabricator.
   (2) The manufacturer's identification number.
   (3) The trade name of the manufactured home, mobilehome, or
commercial coach.
   (4) The model name or number of the manufactured home, mobilehome,
or commercial coach.
   (5) The shipping weight of the unit or separate sections of the
unit in the case of multisection manufactured homes, mobilehomes, or
commercial coaches.
   (6) The length and width of the unit or separate sections of the
unit in the case of multisection manufactured homes, mobilehomes, or
commercial coaches.
   (7) The serial number of the unit or separate sections of the unit
in the case of multisection manufactured homes, mobilehomes, or
commercial coaches.
   (8) The date of manufacture.
   (9) The United States Department of Housing and Urban Development
label number or department insignia number affixed to the unit or
separate sections of the unit in the case of multisection
manufactured homes, mobilehomes, or commercial coaches, as
applicable.
   (10) The date that the ownership was transferred from the
manufacturer or fabricator and to whom the ownership is transferred.
   (11) A certification of facts signed by a responsible agent of the
manufacturer or fabricator.
   (12) The name and business address of any person known to the
manufacturer or fabricator who, as to the purchaser, has a purchase
money security interest in the manufactured home, mobilehome,
commercial coach, or truck camper as contemplated by Section 9103 of
the Commercial Code.
   (13) Any other information as the department may reasonably
require.
   (b) The manufacturer or fabricator shall forward the original and
duplicate copies of the certificate of origin by first-class mail as
follows:
   (1) The original shall be forwarded to the purchase money creditor
unless there is none in which event the original shall be forwarded
to the purchaser.
   (2) The first copy shall be forwarded to the department at the
address printed on the form.
   (3) The second copy shall accompany the manufactured home,
mobilehome, or commercial coach to its destination.
   (4) The third copy shall be retained by the manufacturer or
fabricator for its permanent records.
   (c) The department may establish regulations for the distribution,
maintenance, accessibility, and surrender of certificates of origin
required by this section.



18093.5.  The manufacturer of a truck camper, the owner or purchaser
of which chooses to register it pursuant to Section 18075.7, shall
prepare a certificate of origin containing all of the information
required by Section 18093 and provide the purchaser with an original
copy.